Delaware Child Custody Laws
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The following is a summary of Delaware child custody laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Delaware Code and/or consult with an attorney about how the law might apply to your particular situation.

Child Custody Guidelines.
The Court will determine legal and physical custody for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including:

(1) The wishes of the child's parent or parents as to his or her custody and residential arrangements;

(2) The wishes of the child as to his or her custodian(s) and residential arrangements;

(3) The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child's best interests;

(4) The child's adjustment to his or her home, school and community;

(5) The mental and physical health of all individuals involved;

(6) Past and present compliance by both parents with their rights and responsibilities to their child; and

(7) Evidence of domestic violence.

 

Access to Records.
Each parent has the right to receive, on request, from the other parent, all material information concerning the child's progress in school, medical treatment, significant developments in the child's life, school activities and conferences, special religious events, and other activities in which parents may wish to participate. Each parent and child also has a right to reasonable access to the other by telephone or mail. However, the Court can restrict the rights of a child or a parent if it finds, after a hearing, that the exercise of such rights would endanger a child's physical health or significantly impair his or her emotional development.

-From § 727 of the Delaware Code.

 

Additional Information.
The Court won't presume that a parent, because of his or her sex, is better qualified than the other parent to have legal or physical custody of the child. It also won't consider conduct of a proposed custodian that doesn't affect his or her relationship with the child.

-From § 722 of the Delaware Code.

 

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Other pages on Delaware divorce laws:
General Delaware Divorce Laws
Alimony Divorce Laws in Delaware
Delaware Child Custody Laws
Delaware Child Support Laws
Delaware Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Delaware statutes. You can find the full-text version of these and other Delaware divorce statutes online here: Delaware Divorce Laws.